Updated Today! Finalized Key Actions to Ensure NYS Sexual Harassment Law Employer Compliance for October 9, 2018 (Policy, Form & Posting ) and >>October 9, 2019<< (New! Training) Deadline

A little more than a week before the October 9, 2018 employer compliance date for the NYS Sexual Harassment Law, NYS just released the final requirements and documents early Monday afternoon, October 1, 2018.

The link to the updated documents can be found here*:

https://www.ny.gov/combating-sexual-harassment-workplace/employers

*Note: the 3^rd paragraph in the footer of the first page of the final model policy is directed to employers, not employees. Consider whether you should include that paragraph in your final policy.

The recommendation is to also have your employees sign a form acknowledging the receipt of the new NYS Sexual Harassment Policy on or before October 9, 2018.

 Key Action Recommendations for October 9, 2018 Employer Compliance:

First priority: focus on customizing the final updated NYS Sexual Harassment Policy, the final NYS Sexual Harassment Complaint Form and the final NYS Sexual Harassment Prevention Required Employee Posting now to prepare for distribution before or on the October 9, 2018 deadline:

• The recommendation is to customize the updated / new NYS Sexual Harassment Prevention Policy, Complaint Form and Employee Posting just released today with your organization’s contact information (the recommendation is to include names, titles, phone numbers and emails in your customization), and then distribute the new policy and new Harassment Complaint form and post the new employee posting separately to all employees for the October 9^thdeadline; and then update your Employee Handbook thereafter, as most handbook Harassment Prevention policies cover all types of workplace harassment, not just sexual harassment. 

Next:

New! More Time to Comply with 1^st Mandatory NYS Annual Sexual Harassment Prevention Training, which should be conducted on or before October 9, 2019:

• • The interactive training may be conducted in person, via a live webinar or a recorded webinar; and must provide opportunities for employees to ask the trainer questions.
    • Our firm will offer all 3 options; and
    • The training will cover all forms of illegal Harassment, in addition to Sexual Harassment; and
    • We also have trusted labor lawyer resources available to accommodate all scheduling needs.

• • Many of our clients who never have conducted Harassment Prevention training are scheduling their training now / sooner to minimize liability exposure ASAP, given current trends in the greater economy, e.g. #MeToo, etc.). NYS is also recommending that you train employees who have never received sexual harassment training as well as new employees as soon as possible. If you’ve already conducted harassment prevention training for your employees in 2018, the recommendation is to use the supplemental training session option, below:

• • • A shorter supplemental session with the final training information / requirements from NYS is also available (all trainings should have attendance rosters and acknowledgment forms for all employees to sign) to ensure compliance for the first annual training requirement deadline, e.g. at a staff meeting.

As I’m sure you’ve read, there are other requirements with regard to new guidelines for arbitration, confidentiality agreements, preventing harassment of non-employees, etc. – however, those are not as time-critical as the October 9, 2018 employer compliance requirements.

Whether you work with me and/or the above trusted employer-side labor lawyer advisers (or other similarly qualified resources) for training and handbook support, I encourage you to work with resources who possess the depth and breadth of knowledge and expertise to best educate your workforce and answer any questions they may have, while at the same time minimizing your NYS compliance exposure with manageable deadlines as possible.

Please feel free to reach out with any questions you may have, or to schedule a phone call or meeting to address your organization’s compliance needs to fulfill these mandatory NYS requirements and deadlines.